2 Denio 188 | N.Y. Sup. Ct. | 1846
The law of 1844 gives interest on the verdict, from the time it was obtained to the time
The defendant asks costs on the issue which was fonhd in his favor upon the first count of the declaration. But the statute only gives the defendant costs in such cases “ when there are two or more distinct causes of action, in separate counts.” (2 R. S. 617, § 26.) Here, there was only one cause of action—the defendant’s covenant that Welty should pay and perform the conditions of the bond and mortgage which was assigned to the plaintiff. The two counts amounted to no moré than the assignment of two breaches of the covenant, both of which might have been assigned in a single count. And besides, the plaintiff was strictly entitled to a verdict on the first count, which he waived because the judge ruled against allowing any more than nominal damages. The case does not come within those to which we are referred. (Seymour v. Billings, 12 Wend. 285; Crittenden v. Crittenden, 1 Hill, 359.) This motion should be denied.
It seems to be reasonable that the defendant should have costa
The amount allowed for interest should be reduced to the sum which has been mentioned; and the defendant’s motion for costs should be denied.
Ordered accordingly.